BLAUVELT, N.Y. — Concepts in Health on Wednesday reported it successfully has defended its MidNite Sleep Remedy patent from possible infringement by Contract Pharmacal, which had been manufacturing a store-brand version.
According to Concepts, Contract Pharmacal agreed to discontinue manufacturing and selling CVS Natural Sleep Aid or any substantially similar product. Additionally, CPC will not challenge the validity or enforceability of the MidNite patent (U.S. Patent 6,703,412).
“We are deeply gratified by the outcome of this settlement,” stated Holly Rosenthal, Concepts president. “We will continue to vigorously protect our intellectual property at whatever cost.”
Under the terms of the agreement, CPC did not admit liability for infringement of, or to the validity or enforceability of, the ‘412 patent. Financial and other terms of the settlement were not disclosed.